STATE, DEPT. OF HEALTH v. THE MILL

No. 93SC418.

887 P.2d 993 (1994)

STATE of Colorado, DEPARTMENT OF HEALTH, Petitioner, v. THE MILL, a limited partnership, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 17, 1995.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Jerry W. Goad, First Asst. Atty. Gen., Natural Resources Section, Denver, for petitioner.

Holley, Albertson & Polk, P.C., George Alan Holley, Eric E. Torgersen, Denver, for respondent.


Justice MULLARKEY delivered the Opinion of the Court.

This case is a consolidation of two cases. The first was a regulatory taking action initially brought by respondent, The Mill, against petitioner, the Colorado Department of Health (CDH). While that case was pending in the court of appeals, it was consolidated with an appeal by The Mill in an eminent domain action brought by CDH pursuant to the federal Uranium Mill Tailings Radiation Control Act (UMTRCA), 42 U...

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